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S. N. PATHAK
Nagendra Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
2. At the very outset, petitioner confines his prayer for granting the pensionary benefits from the date of initial appointment i.e. 01.10.1981 and not from the date of regularization i.e. 18.10.2021.
Further prayer has been made to release all the retiral benefits of the petitioner and fix the pension since petitioner has already superannuated from the service on 31.12.2022.
3. Shorn of unnecessary details, the petitioner was initially engaged on daily wages basis in the respondent-Department on 01.10.1981 at Rural Engineering Organization, Works Sub-Division, Chaibasa as ‘Roller Driver’ and since then he has continuously worked and performed his duty. Thereafter, by Office Order dated 19.10.1981, the petitioner was engaged as Jeep Driver on daily wages basis. Again on 26.05.1995, the petitioner was further appointed as Roller Driver and since then he was working as Roller Driver. It is the further case of petitioner that he was appointed on sanctioned and vacant post in a permanent Establishment. Though petitioner had worked continuously for 40 long years but the respondents had not regularized his services. Aggrieved thereto, the petit
Continuous service of 40 years as a daily wager entitles the petitioner to pensionary benefits from the date of initial appointment, not from the date of regularization.
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Pension is a right earned for past services and should not be denied arbitrarily. It is a deferred payment for past services and is not a bounty or charity.
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
Daily wage employees' service must be counted for pension eligibility, ensuring non-discriminatory treatment under retirement benefit regulations.
Retiral benefits must be calculated from the date of initial appointment, not from the date of regularization, as established by precedents.
Employees regularized after 01.01.2004 can still count pre-regularization service towards pension eligibility, ensuring equitable treatment under pension rules.
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